Tuesday, October 17, 2023

Hemming on 'Criminal Procedure: LexisNexis Questions and Answers'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has penned the second edition of Criminal Procedure: LexisNexis Questions and Answers.  The book is published by LexisNexis.  Here is the publisher's description:

"LexisNexis Questions and Answers: Criminal Procedure is designed to facilitate both continuous review and preparation for assessments and examinations.

This book provides an understanding of criminal procedure and gives a clear and systematic approach to analysing and answering problem and exam questions. Each chapter commences with a summary of the relevant law and key issues. Each question is followed by a suggested answer plan, a sample answer and comments on how the answer might be assessed by an examiner. The author also offers advice on common errors to avoid when answering each question.

Questions cover a comprehensive range of topics including arrest, detention and search after arrest, bail, obtaining evidence and forensic procedures, the right to silence and police interrogation, entry onto and search of premises, sentencing and pleas in mitigation, and the appeal process.

The second edition has been revised and expanded in line with recent developments in case law and legislation."

Monday, October 16, 2023

Zhao on 'Foreign Environmental Law'

Dr Bob Zhao, a Senior Lecturer at the University of Southern Queensland, has co-authored (along with Shuyi Wang et al.) a new book titled Foreign Environmental Law.  The book is published by China Social Sciences Press.

Sunday, October 15, 2023

Nugent on ‘Justice Alfred Lutwyche and the Early Supreme Court’

Dr Timothy Nugent, a Lecturer in the University of Southern Queensland School of Law and Justice, has published a new article titled 'Justice Alfred Lutwyche and the Early Supreme Court’.  The article appears in Volume 25(7) of the Queensland History Journal.

Thursday, October 12, 2023

Gray on ‘Relational Contract Theory, the Relevance of Actual Performance in Contract Interpretation and its Application to Employment Contracts in the United Kingdom and Australia'

Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled ‘Relational Contract Theory, the Relevance of Actual Performance in Contract Interpretation and its Application to Employment Contracts in the United Kingdom and Australia'.  The article appears in Volume 52 of the Common Law World Review.  Here is the abstract:

"This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties’ contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties’ relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions."

Tuesday, October 10, 2023

Law, Religion, and Heritage Research Program Team Edit Special Issue of Queensland History Journal

The Law, Religion, and Heritage Research Program Team at the University of Southern Queensland has edited a special issue (Volume 25:7) of the Queensland History Journal.  The special issue, "Arbiters of Justice: Historical Studies of Southern Queensland Lawmakers" contains research presented at a colloquium in November of 2021.  Here is the table of contents:

Introduction by Julie Copley, Marcus Harmes, Sarah McKibbin, Jeremy Patrick

‘To chastise and punish’: Patrick Logan, justice of the peace and magistrate of convict Moreton Bay by Roger Ford

Dr Stephen Simpson and the origins of the court system in Queensland by Thomas Bradley

Lawgiving in early colonial Queensland – an historical perspective by Helen Gregory

Justice Alfred Lutwyche and the early Supreme Court by Timothy Nugent

Sunday, October 8, 2023

Zhao on 'Commentaries on All-China Environment Federation v Scenic Spot Management Council of Wuxi City’

Dr Bob Zhao of the University of Southern Queensland School of Law and Justice has published a book chapter titled 'Commentaries on All-China Environment Federation v Scenic Spot Management Council of Wuxi City’.  The chapter appears as pp. 419-426 in Xi Wang, Selection of 100 Environmental and Resource Law Cases (Higher Education Press, 2023).

Tuesday, October 3, 2023

Gray on ‘The Treatment of Young Transgender People and the Law’

Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'The Treatment of Young Transgender People and the Law'.  The article appears in Volume 30(2) of the Journal of Law and Medicine.  Here is the abstract:

"This article considers contentious legal issues regarding the treatment of young people who identify as transgender. It considers the extent to which they may consent to treatment, the consent to which parental and/or court approval may be required, and ways in which the law in this area might be reformed."